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MS Drug Infringement Suit Heads to High Court

WASHINGTON (CN) - Drugmakers that Teva Pharmaceuticals has accused of patent infringement must present their invalidity defense to the Supreme Court, the justices said Monday.

Teva, along with Yeda Research and Development and other affiliates, brought suit against seven companies including Sandoz and Mylan, after they tried to market generic versions of Copaxone, a Teva drug used in treating multiple sclerosis.

A federal judge in Manhattan ultimately found that the defendants had infringed various claims of nine Teva patents-in-suit, but the Federal Circuit gave the drugmakers some relief last year in finding a group of claims invalid for indefiniteness.

The Supreme Court granted Teva a writ of certiorari Monday without issuing any comment on the case, as is its custom.

Teva is represented by William Jay of the Washington firm Goodwin Procter. Sandoz is represented by Morrison & Foerster attorney Deanne Maynard, and Mylan is represented by Eric Miller with Perkins Coie in Seattle.

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